I. & G. N. R'y Co. v. Ormond
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. F. A. Williams. The conflicting testimony, and its amount, contained in the lengthy record in this cause, preclude anything but a very general statement of it.
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Appeal from Anderson. Tried below before the Hon. F. A. Williams. The conflicting testimony, and its amount, contained in the lengthy record in this cause, preclude anything but a very general statement of it. The suit was brought by Mary Ormond, for the benefit of herself and her infant son, John Ormond, against the International & Great Northern Eailroad Company, and R. S. Hayes, who was receiver therefor, to recover damages for the death of James Ormond, husband of Mary and father of John Ormond. His death was alleged to have been proximately caused by the negligence of the servants of the…
1Opinion of the Court
Robertson, Associate Justice. Whether James Ormond, after he had alighted from the car, in which he, his wife, child and nurse had been transported from Palestine to Jacksonville, was guilty of any negligence in going forward to the box-car containing his household effects, is a mixed question of law and fact, and in the clear and well arranged charge of the court below was properly submitted to the jury. The jury were authorized under the testimony to conclude, as from the verdict they must have done, that Ormond had no receipt, bill of lading or check for his goods, and whether it was…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Int. & G. N. R'y Co. v. OrmondTexas Supreme Court · 1884
3Cited by12 opinions
- Howard Oil Co. v. DavisTexas Supreme Court · 1890
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888
- Bottum v. KamenSouth Dakota Supreme Court · 1921
- Parriss v. JewellCourt of Appeals of Texas · 1909
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